Balkgo's Construction and Another v Greater Representative Council and Others (640/2000)
Balkgo's Construction and Another v Greater Representative Council and Others (640/2000) [2004] ZANWHC 5 (4 March 2004)
The court found that the First Defendant had paid the First Plaintiff for the contractual work performed. The cheques were issued in the name of the First Plaintiff and collected by Gert Pieterse, who was authorised by the registered members of the First Plaintiff to receive and keep the money until a bank account was opened. The evidence, including affidavits and correspondence, established that Pieterse acted with the knowledge and consent of the other members. The Plaintiffs' reliance on Bouwer NO v Saambou Bank Bpk. was misplaced, as Pieterse was not a third-party creditor but a member or…
Source excerpt
- Contractual Payment Dispute
- Agency Authorisation
- Joint Venture Liability
- Discovery Of Documents